1 2025:CGHC:21197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 850 of 2025 1 - Smt. Laxmin Sinha W/o Vishnu Sinha Aged About 35 Years Posted As Anganbadi Assistant R/o Ward No. 12/15 Nayapara Bemetara Tehsil And District - Bemetara (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Women And Child Welfare Development Department Mahanadi Bhawan Naya Raipur Atal Nagar District - Raipur (C.G.) 2 - The Director Womens And Child Development Department Atal Nagar Indravati Bhawan District - Raipur (C.G.) 3 - The Collector Bemetara District - Bemetara (C.G.) 4 - The District Programme Officer Womens And Child Development Department Bemetara District - Bemetara (C.G.) 5 - The Project Officer Integrated Child Development Project Bemetara District - Bemetara (C.G.) 6 - Smt. Peelabhatt W/o Santosh Bhatt Aangan Badi Worker Ward No. 12 Aangan Badi Center No. 2 Bemetara District - Bemetara (C.G.) Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. Praveen Dhurandhar, Advocate For State : Mr. Soumitra Kesharwani, PL (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.05.09 11:35:24 +0530 2 08/05/2025 1. At the very outset, learned counsel for the petitioner submits that this Writ Petition may be disposed on the basis of the contention made by the respondent/State at paragraph 5 & 11 of the reply and paragraph 4 of the additional reply, which is as under:- “5. It is respectfully submitted that it is a settled position of law that an employee does not claim promotion as a matter of right and the right of the employee is only to consider his/her candidature / case for promotion. It is submitted that though the petitioner rendered her services as Anganbadi Assistant for more than 12 years and became eligible for promotion on the post of Anganbadi Worker, but, the promotion on the post of Anganbadi Worker cannot be claimed by the petitioner as a matter of right while the same could only be given to the petitioner subject to availability of the vacancy in the post of Anganbadi Worker. 11. It is submitted that it is settled position that the promotion cannot be claimed by an employee as a matter of right. The right of the employee is only to consider his / her candidature for promotion. In the instant case, whenever the proceedings for grant of promotion to the post of Angabandi Worker from the post of Angabandi Assistant is convened, her name will be considered for promotion and in case of fulfilment of criteria fixed for promotion by the petitioner, the promotion would be granted to her subject to availability of the vacancy in the cadre of Angabandi Worker. & Paragraph 4 of the additional reply 4. The answering respondent further submitted that after policy decision taken by the State Government for absorption for crèche worker prepared the list of crèche worker, working under the different Anganbadi Center of Bemetara District as they are number of 26 creche worker working in the Bemetara District in which only 5 creche worker were absorbed on the post of Anganbadi Worker and 21 creche worker are still remains for absorption. Thus, 3 after completion of absorption of 21 creche worker on the post of Anganbadi Worker, the petitioner is entitle for promotion. A copy of list of crèche worker forwarded by District Program Officer Bemetara to Project Officer for absorption of crèche worker dated 08.07.2024 is being filed herewith as Annexure R/4.” 2. Learned counsel for the respondent/State has no objection. 3. 4. In view of the above submission made by the parties, this Writ Petition is disposed of in light of the contention made by the respondents at paragraphs 5 & 11 of the reply and paragraph 4 of the additional reply Sd/- Sd/- (BIBHU DATTA GURU) JUDGE Rahul